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Summary Judgment Functionality

McDermott Will & Emery

Functionality Dooms Alleged Trade Dress Protection

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed summary judgment of noninfringement in a trade dress suit, finding that the trade dress was functional and the attorneys’ fee award—as diminished by the district...more

McDermott Will & Emery

Keep on Truckin’: Aesthetic Functionality Has No Part in Design Patent Validity

McDermott Will & Emery on

Addressing the issue of the functional requirements of design patents, the US Court of Appeals for the Federal Circuit refused to invalidate design patents on truck parts on the basis of aesthetic functionality. Automotive...more

Holland & Knight LLP

Aesthetic Appeal of a Patent's Claimed Design Is Inadequate to Render It Functional

Holland & Knight LLP on

• In a relatively rare opinion regarding design patents, the U.S. Court of Appeals for the Federal Circuit weighed in recently on the requirements for design patents in its Automotive Body Parts Association v. Ford Global...more

Jones Day

ABPA v. Ford: Design Patent Defenses Run Out of Gas on Appeal - A U.S. Court of Appeals for the Federal Circuit decision...

Jones Day on

On July 23, 2019, the U.S. Court of Appeals for the Federal Circuit released its decision affirming summary judgment that the asserted design patents were not invalid for non-ornamentality under 35 U.S.C. § 171, and rejecting...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Single Color Mark — Functionality Does Not Necessarily Preclude Protectability

The Ninth Circuit’s recent decision in Moldex-Metric, Inc. v. McKeon Products, Inc. clarifies that even when a single color trade dress has a function, and even when the color is marketed as such, this fact alone does not...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Case Digest: High Point Design LLC and Meijer, Inc., Sears Holding Corp. and Wal-Mart Stores, Inc. v. Buyers Direct,...

Decision Dates: September 11, 2013 and March 26, 2014 - Courts: Federal Circuit and the Southern District of New York Patent: D598,183 - Holding: Grant of summary judgment of invalidity REVERSED and REMANDED; on...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Case Digest: Telebrands Corp v. Del Laboratories, Inc.

Telebrands Corp v. Del Laboratories, Inc. - Decision Date: September 8, 2011 - Court: S.D. New York - Patents: D596,802 - Holding: Coty’s motion for summary judgment of invalidity denied - Opinion:...more

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